Divorce Laws In Virginia

divorce-laws-in-virginiaIt is so common for people to have either gone through divorce themselves or have been affected in some by divorce. Sometimes going through divorce can get complicated with financial and property rights being communicated between the two parties. Divorce can become even more complicated when children are involved which is so often the case.

The Two Types Of Divorce Laws in Virginia

Believe or not, divorce is not just as straightforward as you may initially believe. There are actually two different types of divorces that fall under the divorce laws in Virginia. These two different types of divorces include divorce from bed and board as well as divorce from bond of matrimony. We have gone into more detail about each one below.

Divorce From Bed And Board

Under the divorce laws in Virginia, a divorce from bed and board means that that the couple are legally separated from each other and are not permitted to remarry. Divorce from bed and board is actually a partial divorce and not full. There are a number of situations where a divorce from bed and board is necessary. These situations include:

Desertion And Abandonment

A mutual consent to leave each other does not count as willful desertion and abandonment. What does count is if one half of the couple both breaks off and gives the intent to desert their other half. Another example of when desertion and abandonment can be ruled out is if the person who deserted done so because of the cruelty afflicted on them by their partner. This leads us onto…

Cruelty And Bodily Harm

If it is found that there has been any acts of cruelty or bodily harm on one person then the courts may deem the relationship unsafe and rule for divorce from bed and board. However it is important to note that cruelty alone is not normally enough grounds for divorce in Virginia unless it directly affects that person’s mental health.

Divorce From Bond Of Matrimony

The second category of divorce under the divorce laws in Virginia is divorce from bond of matrimony. This is the more common form of divorce and is classed as a full divorce. A divorce from bond of matrimony is the option taken when there is no fault’ to blame. However when there are children involved, the divorce can get more complicated as alimony and custody is discussed.

Separation Divorce

Separation divorce is simply when both parties of the marriage mutually decide they would like to divorce after living separately for at least one year. Usually this type of divorce is faultless and can sometimes take as little as one month to settle.

Adultery & Sodomy

Another common cause for divorce is adultery and sodomy. For this, there must be hard evidence that the other half has committed adultery or sodomy. Suspicion and speculation is not enough to file for divorce for adultery or sodomy.